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Home My WebLink AboutEasement & Right-of-Way - Access Property 309 Olive St. Guy Wire & Anchor – Indiana Michigan Power Company1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 27, 2020 Mr. Bob Strasburg Indiana Michigan Power Company 2929 Lathrop St. South Bend, IN 46628 ristrasburgkaep.com RE: Easement & Right -of -Way Dear Mr. Strasburg: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on October 27, 2020, approved the above referenced easement to access the property at 309 Olive St. for the installation of a guy wire and anchor. Enclosed please find the original of the easement for your signature. Please sign and have the easement recorded and return to lhensleyksouthbendin. _ og_v. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR I V t�;a id S1,,5 PW 2O20-354OB RECORDED AS PRESENTED ON 11/12/2020 12:40 PM MARY BETH WISNIEWSKI ST. JOSEPH COUNTY RECORDER PC$; 5 FEES: 25.00 EASEMENT 8 RIGHT OF WAY Easement No. IN201020 Map No. 575 PIN Pt. 71-05-03-307-001.000-026 THIS INDENTURE, made by and between BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, an Indiana municipality, whose address is 227 West Jefferson Blvd., Suite 1300 N, South Bend, Indiana 46601 (hereinafter referred to as "GRANTOR"), and INDIANA MICHIGAN POWER COMPANY, an Indiana Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana 46801 ("GRANTEE"). WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to Grantee a TEN (101) FOOT WIDE EASEMENT AND RIGHT-OF-WAY (see Exhibit "A" attached hereto for the specific dimensions and location identification) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the transmission of electrical energy and for communication purposes, including the right to permit attachments of others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is located on the following described REAL ESTATE, to -wit: A part of the Southwest Quarter of Section 3, Township 37 North, Range 2 East, situated in Portage Township, St. Joseph County, Indiana, and more particularly described as follows: Lots 183 through 197 as known and designated on the recorded plat of KAYLEY'S 2ND SUBDIVISION as recorded on July 11, 1901, in Plat Book 8, Page 44-45, in the Office of the Recorder of St. Joseph County, Indiana. Being the same (or a part of the same) property conveyed to BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, an Indiana municipality, by Quit Claim Deed recorded on August 4, 2004, as Document Record 0438393 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right to cut, trim, and/or remove any trees or bushes which may endanger the safety or interfere with the construction, maintenance, or use of said facilities. GRANTEE shall promptly repair or replace all physical damage on the premises proximately caused by the construction, operation, and maintenance of Grantee's facilities. GRANTOR warrants that no structure or building shall be erected upon said easement. x 4- J �-- W CD no --i w AFTER the completion of said system, the Grantor reserves the full use of the land which is not inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade within the area of said easement without the written prior consent of Grantee. GRANTEE agrees to indemnify Grantor against all liability to third persons caused by Grantee's employees while in or about the real estate. IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on their respective representatives, heirs, successors, and assigns. THE UNDERSIGNED PERSON executing this document on behalf of Grantor represents and certifies that he is duly authorized and has been fully empowered by the Grantor to execute and deliver this document; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, the Grantor has hereunto set his/her hand and seal. EXECUTED AND DELIVERED IN MY PRESENCE: I +(Sigatureof Witness) L,rt Li • �u �(,1 C+_ (Printed or Typed Name of Witne s) Y v rS ld eki .� BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, an Indiana municipality BOARD OF PUBLIC WORKS Gary A. Gilot, President �($ lature of Witness) r A bf;110 iM,q(M rFil Ieth A. Mamdik, Member (Printed or Typed Name ofWiln s) Yi�l�wiiiar�' n Joseph R. Molnar, ylember (5i ature of Witness) I. - a'' 'i��M1111lCII = DATED: October 27, 2020 (Printed or Typed Name of Wiln s) Vvl l'l'yl ber^ �l •1�' � I �_ ��L : Ll. i 1. Therese J. Dorao, Member Jordan V. Gathers, Member A'IJEST: �irr;Ia C6fntiir Linda M. Martin, Clerk 1jiI ill If ,(Si naatuure of Witness) (Printed or Typed Name of Witness) PAN }3Pi Sig ature of Witness) M em bc'r (Printed or Typed Name of Witness (Sig Lure of Witness) Li t l f(1 (Printed or Typed Name of Witnes ) NO TA R1ZA TION FOR MUNICIPAL SIGNATURE STATE OF SS. COUNTY OF 7 Before me, a Notary Public in and for said County and State, on �d1zP zL e L) L 2 _ _, 20 Q0 personally appeared GARY A. GILOT, PRESIDENT, ELIZABETH A. MARADIK, MEMBER, JOSEPH R. MOLNAR, MEMBER, THERESE J. DORAU, MEMBER, JORDAN V. GATHERS, MEMBER and Attested by: LINDA M. MARTIN, CLERK, of BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, an Indiana municipality, and acknowledged execution of the foregoing document for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true. Given under my hand and official seal on / ' 4 20 JUL. . Idc ua�� Nola Public, �;CIiY:'' i3Afif3 $QWSICf� County, µ ?Ay St. Joseph CountyMy Com fission Expires: P My Commission Expires My Commission Number: 1rra;pts?. September g, 2022 NOTARIZATION FOR WITNESS SIGNATURE STATE OF y COUNTY OF At , ( bGu� 11 SS. Before me, a Notary Public, in and for said County and State, personally appeared �-� WITNESS, being known or proved to me to be the person whose name is subscribed as a WITNESS to the oregoing instrument, who being duly sworn by me, states that the foregoing instrument was executed and delivered by the grantor BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, an Indiana municipality, by GARY A. GILOT, PRESIDENT, ELIZABETH A. MARADIK, MEMBER, JOSEPH R. MOLNAR, MEMBER, THERESE J. DORAU, MEMBER, JORDAN V. GATHERS, MEMBER and Attested by: LINDA M. MARTIN, CLERK, in the presence of the foregoing subscribing witness. Given under my hand and official seal on _( 3t �r I -' I, 20_0 hA&L'4= ��.��,,,, • Notary Public, tiM"ti4-' t�l�?�NrIiLEE3{)1V5 i! j } J COINIIy County — My Commission Expires My Cam ission xpires: ^?� September 9, 2022 My Commission Number. 1 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Sylvia M. Durham Prepared by: Sylvia M. Durham, Right of Way Agent, AEP — Indiana Michigan Power Company, 2929 W. Lathrop, South Bend, IN 46628 574.283.1870 1S 3ad3W EXHIBIT "A" EASEMENT IN201020 MAP 575 LTS 183-197, KAYLEY'S 2ND SUB GRANTOR BOARD PUBLIC WORKS L 0 LLcq w 3 m c0 a°��z c5zm (go— W N [COS ❑ U) c p Q (h C U it CV N () 4�-cc'r-•° � -2C,� U ti h 3 0 roam m 0 uinOC4fl) CLid 216 Oz O N O N n 0000 z `- 0 I ~ m Z ^ N 2� 0 LLJ N I �_ IiA O N _O O N z �W U) cl z W m From: Robert J Strasburg Sent: Monday, July 27, 2020 8:17 PM To: 'lbiek@southbendin.gov' <lbieksouthbendin.gov> Cc: 'Kara Boyles' <kboyles t@soutiibendin.gov>; Linda Martin <imartin southbendin. ov>; Toy Villa <tvilla rr,southbendin.gau> Subject: Proposed Easement Area for Guy Wire Hi Leslie, we (I&M) are looking to secure an easement from what we believe is property owned by the Bd of Public Works. Our R/W Agent, Sylvia Durham is looking at the property ownership situation. The proposed easement area is approx. 1Oft by 30ft in size near one of our existing Poles J233-1841 so that we can install a Guy Wire and Anchor. The purpose for the Guy Wire is so that we can install OH Primary wire across Bertrand St. so that we can provide a new service to the smaller building that is owned by Curtis Products, that they are trying to sell to Goodwill Industries. I am going to attach a copy of the easement sketch that we are planning to include with the easement documentation. Please let me know if we need to meet at the site. My schedule is very flexible. Thanks Bob Strasburg Indiana Michigan Power 2929 Lathrop St. South Bend, IN 46628 574-236-1653 office Bertrand Location BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/19/2020 Name Leslie Biek. PE Department PW BPW Date 10/27/2020 Phone Extension Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ I Check the Appropriate Item Tyne — Reauired for All Submissions U Professional Services Agreement LJ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum [] Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ❑ Other: Ease./Encroach Reauired Information Company or Vendor Name I&M ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached El No Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description I&M requests an easement for a guy wire located on the north side of Bertrand St 339 feet west of Meade St. The propeMLaddress is 309 Olive St. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: _ New Completion Date: